TARUN PRASAD CHATTERJEE vs DINANATH SHARMA

The Supreme Court addressed the interpretation of Section 81(1) of the Representation of the People Act, 1951, determining that the date of election of the returned candidate should not be excluded when computing the period of limitation for filing an election petition. The Court held that the election petition filed by the respondent was maintainable as it was submitted within the stipulated 45 days from the date of election, rejecting the appellant's argument that Section 9 of the General Clauses Act, 1897 was applicable. Consequently, the decision of the learned Single Judge was upheld, allowing the election petition to proceed.